I have paid child maintenance for the amount agreed at the point of divorce and previously for 3 and a half years. I was made redundant in July this year. I live on benefits. I have no assets or money at all. I paid the maintenence instalment for August out of my last wage packet. I wrote to the court, my ex wife and others explaining my dilemma and that I could not continue the payments. The court failed to respond for weeks until they sent an aknowledgement to the address that I moved out of 18 months ago (although I had informed them of the change and the letter took 3 weeks to reach me). I enclosed with the letters a personal budget sheet revealing that I have no spare cash at all. The following month on the exact date that the maintenance was due to be paid my ex wife applied to the court for an enforcement order for the outstanding amount.
Am I entitled to legal aid in this case?
Or is it that only the legal aid board can make that decision upon application? If the latter is true I do not have sufficient time to apply as the hearing is in 2 weeks. The lack of time was caused once again by the court sending the enforcement notice to the wrong address leading to a three week delay in my receiving the notice.
I believe that if you approach a legal aid solicitor, and he says that you are eligible for funding, then he can ''devolve the power'' to make an application for an emergency certificate that can be faxed or phoned to the LSC on the same day. You need to take with you evidence of Income Support of JSA which I believe is a passporting benefit to legal aid. I am sure all of this is correct, however I am sure if not, there are plently of wikis online that will correct me.